(Also posted to uk.legal.moderated)
I was mis-sold PPI/PPC by a credit card company.
The FSOmbudsman has now agreed that I was mis-sold.
The credit card company have paid back the PPI charges - "as a gesture" - no admission of mis-selling
At the time of my claim they insisted that I had requested the PPI when I completed my application form.
I knew that I hadn't so I submitted a SADR - I said to them:
------------------------------------------------------------------------------------------------------------------- I enclose a cheque for ten pounds in case you require payment to service the Subject Access Data Request. I enclose the cheque - but I would suggest that you do not cash it: in the case that you are not able to provide proof of my request for PPC I will require a refund of the ten pounds.
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They cashed the cheque and sent me all records which they had - including a copy of my application form. There was no request for PPC.
I want to recover the ten pounds as a matter of principle - perhaps plus a nominal twenty pounds for my costs in proving my point and getting the money back from them.
On what basis - if any - could I do so via a Small Claim if they refuse to refund the money - which was "given" with a certain proviso.